THE BHARAT SCOUTS AND GUIDES Recruitment and conditions of Service Rule (As revised and approved by the National Executive Committee in its meeting held on 4th March 2016)
THE BHARAT SCOUTS AND GUIDES, NATIONAL HEADQUARTERS LAKSHMI MAZUMDAR BHAWAN, 16, M.G. MARG, I.P. ESTATE, NEW DELHI
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RECRUITMENT AND CONDITION OF SERVICE RULE PREAMBLE In exercise of the powers conferred upon the National Executive Committee under Rule 30(14) of the Rules of the Bharat Scouts and Guides, the National Executive Committee in its meeting held on 4TH March 2016 is hereby makes the following rules:
SECTION I 1. Short Title: These rules are known as “The Bharat Scouts and Guides Recruitment and Conditions of Service Rules”
2. Application: These rules shall come into force on and from 1.4.2016 and shall apply to all the employees of the Bharat Scouts and Guides.
3. Definitions:For the purpose of these rules, unless there is anything repugnant in the subject or the context: a) “Association” means the Bharat Scouts and Guides Association registered under the Societies Registration Act XXI of 1860. B) “Committee” means the National Executive Committee. c) “Commissioner” means the Chief National Commissioner of the Association. d) “Board” means the “Board of Trustees” as constituted by the National Executive Committee. e) “Director” means the Director of the Association. f) “Treasurer” means the National Treasurer of the Association. g) “Employee” means any person appointed to any post in connection with the affairs of the Association.
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h) “Medical Officer” means a Doctor authorized by the Chief National Commissioner for issuing Medical Certificate. i) “Appointing Authority” means a person competent to appoint the members of the staff in accordance with the authorities enumerated in rules of The Bharat Scouts and Guides. For the post of Dy. Director cadre to Director, the Appointing Authority is the Chief National Commissioner and for all the other posts, the Director. j) “Office” means the office of the National Headquarters, New Delhi and office at the Bharat Scouts and Guides, National Trg. Centre & National Adventure Institute, Pachmarhi, Regional Headquarters, National Youth Complex, Gadpuri, National Camping & Training Complex, New Ashok Nagar, New Delhi or any other office that the Association may establish in any part of India or out of India. ` k) “Month” means Calendar month according to Gregorian Calendar and calendar year means 1st of January to 31st December. l) “Financial Year” means a period of twelve months commencing on 1st April every year and ending on 31st March of next calendar year. m) ”One year” means year consisting of 12 months irrespective of calendar or financial year. n) “Emoluments” for the purpose of these rules shall mean the pay, which includes basic pay, special pay, dearness Allowance etc. o) “Subscriber” means an employee who accepts these rules and contributes to the Contributory Provident Fund. p) “Interest” means the interest which the Association earns on any amount invested by the Association from the Provident Fund Deposits of the Subscribers. q) “Family” means:
a) In case of Male employee: i) Wife or wives including judicially separated wife or wives, in the case of a male employee as permitted under any personal law. ii) Un-married Children; son below than 18 years and unmarried daughter below than 22 years or till they are studying. iii) Children of ex-deceased son.
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b. In case of female employee, i} Husband including judicially separated husband ii) widowed daughters including stepdaughters and adopted daughters. iii) Dependent widow mother. iv) Children of a pre-deceased son.
r) “Superannuation” means the attainment by the employee of such an age as is fixed in the contract or condition of service at which the employee shall vacate the employment for the purpose of his/her gratuity.
s) “Retrenchment”means termination of service of an employee otherwise than on Superannuation for the purpose of gratuity, but not as a result of Penalty.
t) “Trustees” mean the trustees of the fund for the time being as hereafter provided for the purpose of Gratuity, and Provident Fund.
u) “Re-employed Person” means a person who has once resigned or whose services have been terminated and have joined subsequently or those re-employed on adhoc basis after superannuating from the Govt. or other services.
v) unless expressly explained, ‘He” includes ‘She” Note: Any difficulty arising about the words and phrases not defined above shall be resolved by the Chief National Commissioner whose decision shall be final.
4. Scope: These rules have been framed by the National Executive Committee of the Association to govern the terms and conditions of the service of all the employees of the Association. These shall be applicable to all categories of employees of the Association.
5 Classification of Posts: a) Special Cadre Post I.
II.
Director Joint Director
b) Grade – A [4]
1) 2) 3) 4) 5) 6) 7) 8)
Deputy Director Administrative Officer Assistant Director Accounts Officer Public Relations Officer Supply Service Officer Regional Organising Commissioner Section Officer
Grade- B I. II. III. IV. V. VI. VII. VIII. IX. X.
Asstt. Supply Service Officer Asstt. Accounts Officer Stenographer Assistant Warden-cum-Quarter Master Estate Manager Office Superintendent Computer Operator Jr. Instructor Estate Manager cum Jr. Engineer
GRADE-C (a)
i)Typist ii)Assistant iii)Dispatcher-cum-Record Keeper iv) Caretaker v) Mechanic vi) Store Keeper vii) Office Secretary viii) Driver ix) Record Keeper-cum-Daftry x) Quarter Master. xi) Lady Assistant-NAI
b) Cook
GRADE D- MULTI TASK WORKER (c)
i) Peon ii) Watchman iii) Gardner iv) Sweeper
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No. of posts required is to be finalised by the committee as per financial needs and staff requirement. The present posts details are given in annexures. Qualifications for each post to be finalised by the committee
6. Explanation: Consistent with the requirements of the Association, the Committee may create or abolish posts from time to time and prescribe the scales of pay.
7. Dearness and other Allowances All the posts in scales are eligible for Dearness Allowance and any other allowances on par with the Central Govt. Employees and any other Allowances as are sanctioned by the Committee from time to time.
8.Appointments/mode of Recruitment a) All Posts except Multi Task Worker (M.T.W) (eg. Attendant, Watchman, Gardner, sweeper etc,.) mentioned in the Service Rules or created by the Committee may be advertised in the National Headquarters Magazine mentioning the requisite qualifications, age, nature of job, etc. and shall be given wide publicity through State Organizations of the Bharat Scouts and Guides. The eligible employees working in the organisation may also apply against the advertised posts through proper channel and may be considered by the Staff Selection/Promotion Committee. b) As a Special case, the fresh appointments may also be made by the Commissioner on an adhoc basis for a period of six months at the first instance which can be extended further as per requirement. In case, they are considered fit, after the expiry of 6 months, they may be placed on probation for a period of one year and thereafter be confirmed against the permanent post if their services are found satisfactory.
c) Superannuated employees of the Govt. or other services may be appointed only on monthly consolidated remuneration and should not be taken in any grade whatsoever. All such appointments should be made on temporary basis for a period of one year at the first instance and the period may be extended from time to time till it is felt necessary by the Commissioner on the recommendation of the Director, but not beyond the age of 65 years. d) Provided that a government servant or an employee of a Local Authority or any State Association services can be taken on deputation or vice-versa, shall [6]
be governed by such terms and conditions as may be settled between the Bharat Scouts and Guides and the Government/Local Authority/State Association as the case may be. The Bharat Scouts and Guides employees on deputation will be entitled for: i) Provident Fund contribution as per BSG rules. The P.F. deducted by the foreign department will be transferred to BSG Trust with their Contribution. ii) Seniority in the same cadre will be considered iii) He/She will be entitled for Deputation(Duty)Allowance i.e.: a) In the Same Station: 5% of Basic + Grade Pay b) In other Station: 10% of Basic + Grade Pay iv) Transfer Allowance as applicable.
e) i) A Staff Selection Committee may be constituted under the Chairmanship of the Commissioner from time to time to make appointments in the organisation. The Director/Administrative Officer shall be the Convener of the Committee. The Selection Committee may be constituted under chairmanship of the National Commissioner (Scouts ) and National Commissioner (Guides) for their respective wings. For clerical and ministerial /menial post the chairman shall be Director and Administrative Officer Shall be the convenor. ii); A Departmental Promotion Committee may be constituted under the Chairmanship of the Commissioner from time to time to make promotions in the organisation. The Director shall be the Convener of the Committee. f) The vacancies in the services shall be filled through direct recruitment in case suitable candidates are not available in the National Headquarters or its branch office. No person shall be taken in service unless he/she has furnished: i) A matriculation or Higher Secondary School Certificate showing his/her date of birth. ii) Health Certificate from a MBBS Doctor or Medical Officer of the Association. iii) Testimonials regarding educational/Technical/ Professional qualifications required for the particular post. iv) A certificate of verification of ancedents.
9. Qualifications for Appointment: Qualification and experience required for each category will be decided by the Committee. 10. All the employees below than Director cadres have to work in the N.E. Region for atleast 3 years during their whole period of service.
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11. Requirement of Age.
Recruitment:The
age in case of direct recruitment shall be Minimum 18 and maximum 40 years in case of Professionals and 35 years in case of Secretarial/Ministerial & menial staff or as determined by the Commissioner in special cases.
Retirement: The age of retirement of the employees is 60 years of age. 12. Confirmation: All appointments shall be made on probation for at least one year. After satisfactory completion of the period of probation, the person concerned will be confirmed by the competent authority. Necessary character of the employee must be got verified from the concerned Police Authorities. If the confirmation order of any employee is not issued within 6 month after the expiry of Probation period, he or she will be automatically treated as confirmed on his/her post.
13. Seniority: The seniority in each class be made with effect from the date of joining the post. The Adhoc Period will also be counted for the purpose of seniority if continued without any break of service and appointed as per Recruitment Rule 8-b. If there is a break of service, the same shall not be taken to account unless duly condoned by the competent authority.
14. Promotion: Promotion as per schedule to all posts shall be made by the Commissioner on the recommendations of the Departmental Promotion Committee (DPC). Provided, however, that qualifications for promotion for the present incumbent shall not stand in the way. The employees will be considered by the D.P.C for the promotion only if he or she has acquired at least 3 years experience in the previous post and will full fill all the requirements of that post. An employee who has put 15 years of satisfactory service will be up-graded to next Grade Pay of the pay band through Advance Carrier Progression (ACP) method.
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Provided, however, that the posts from Assistant Directors onwards may be made selective posts and appointment may be made on the basis of qualifications and merit cum suitability with due regard to seniority.. If there is no suitable person to promote with requisite years of service/qualification as mentioned for the post, another person with less number of years of service available, if otherwise qualified, may be allowed to officiate in that higher post on a special pay as decided by the Commissioner. The special pay shall be at par with one increment in the lower post rounded to nearest hundred rupee Provided further, that the person so attend to officiate shall be eligible to get the scale of pay of new post only after completing 2 (two) years of satisfactory service and duly recommended by the DPC.
14. Superannuation: The age of superannuation of all employees of the Association shall be 60 years for all the employees. Normally there should be no re-employment after superannuation. However, in exceptional circumstances, the Committee may re-employ a superannuated person for one year at a time on an Adhoc basis subject to fitness on the recommendation of the Commissioner.
15. Resignation, Termination or Dismissal of Service. i) If the services of an employee on Probation Period are not found satisfactory, the Appointing Authority may terminate the service of an employee by giving one month’s notice of termination or one month’s salary in lieu thereof. However the power to terminate the service of the employee shall be exercised by the Appointing Authority in all cases except in respect of officers who are in special cadre about whom prior approval of the Committee must be obtained. ii) An employee who completed his period of probation can resign from his post in the Association only after giving one month’s notice from the date of resignation or surrendering one month’s pay in lieu thereof. Provided, however, in exceptional circumstances, this condition can be waived by the Commissioner.
16. Saving:
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i) Appointments made in the past according to the than existing set of rules in the Association prior to the enforcement of these rules shall be deemed to have been made under these rules and all the employees of the Association shall be governed by these rules. ii) In case of any doubt or difficulty, the meaning or extent of the application of any of these rules, the decision of the Commissioner shall be final and binding on the employee. iii) In respect of matters concerning the service conditions of the employees of the Association not referred to in these rules, the Central Govt. Employees Rules may be considered by the Commissioner.
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SECTION II Conduct, Discipline and Penalty: 1. a) Every employee shall at all times: Maintain absolute integrity, devotion to duty and do nothing against the Association which is unbecoming of an employee. b). i) Every employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all employees under his/her control and authority. ii) In the discharge of his/her duty or in the exercise of powers conferred on him/her, no employee shall act otherwise than in his/her best judgment except when he/she is acting under the direction in writing., Where it is not practicable to obtain the permission in writing, he/she shall obtain written confirmation/direction thereafter as soon as possible and failing that, report the matter to the next higher authority within a reasonable time.
Explanation: Nothing in clause (ii) of Sub-rule(b) above shall be construed as empowering an employee to evade his/her responsibility by seeking instructions from or approval of a superior Officer or Authority when such instructions are not necessary under the Scheme of distribution of power and responsibilities. (c) An employee shall serve the Association loyally and faithfully and shall maintain the strictest secrecy regarding the affairs of the Association and its constituents. Every employee is a whole time servant of the Association and may be directed to serve in any other capacity without claiming for extra remuneration. He/she shall strive to promote the interest of the Association. No employee will take part in political activities or be a member of any political party. (d) An employee in Grade A,B,C,D shall not remain himself/herself from duties without prior permission of the competent authority empowered to allow casual leaves /Earned Leaves or as the case may be. (e) No employee shall leave the headquarters /station where he/she is posted without obtaining previous permission from his/her superior. (f) No employee shall (i) engage himself/herself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or which involves contempt of court, [11]
defamation or incitement to an offence or (ii) resort to or in any way abet in any form of strike in connection with any matter pertaining to his/her service or the service of any other employee. (g) (i) No employee shall except with previous sanction of the Commissioner, own wholly or in part, or participate in the editing or management of any newspaper or other periodical publication. (ii) No employee shall except with the previous sanction of the Commissioner or in the bonafide discharge of his/her duties participate in radio broadcasts or contribute any articles or write any letter either in his/her own name or anonymously, pseudonymously or in the name of any other person to any news paper or periodical. (h) No employee shall except with the previous sanction of the Commissioner, have recourse to any court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of a defamatory character. (i) No employee shall, except with previous sanction of the Commissioner or the prescribed Authority engage directly or indirectly in any trade or business or undertake any other employment. j) Provided that an employee may, without such sanction, undertake honorary work of a literary, artistic, scientific or humanitarian character, subject to the conditions that the official duties do not thereby suffer.
(k) Penalty and Disciplinary Authority: The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an employee, namely:
MINOR PENALTIES (I) Censure (ii) withholding of promotion iii) Recovery from his/her pay of the whole or part of pecuniary loss caused by him/her to the organization by negligence or breach of order iv) (a) Withholding of increment of pay. (b) Withholding of increment with cumulative effect for the period to be specified.
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MAJOR PENALTIES (v)
Reduction to a lower stage in the time scale of pay for a specific period with further directions as to whether or not he/she earns increment of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing further increments of his/her pay. (vi) Reduction to a lower scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the employee to the time scale of pay, grade, post or service from which he/she was reduced, with or without further direction regarding conditions of the restoration to that grade or service from which he/she was reduced and his/her seniority and pay on such restoration to that grade, post or service. vii) Compulsory retirement. viii) Removal from service, not necessarily being a disqualification for future employment. ix) Dismissal from service rendering on part of the employee a disqualification for future employment.
Explanation: The following shall not amount to penalty within the meaning of this rule, namely: i) Withholding of increments of pay of an employee for his/her failure to qualify any course or test. ii) Non-promotion of an employee whether in substantive or officiating capacity for want of vacancy. iii) reversion of an employee officiating in a higher post service or grade to a lower post, service or grade, on the ground that he/she is considered to be unsuitable for such higher post, service or grade on any administrative grounds unconnected with his/her conduct. iv) Reversion of an employee appointed on probation during or at the end of the period of probation in accordance with the terms of his/her appointment giving such probation.
v) Reduction of establishment. (vi)
Termination of service:
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a) of a probationer during or at the end of the period of his/her probation. b) of a temporary employee c) of an employee employed under an agreement in accordance with the terms of such agreement.
Procedure a) The Appointing Authority or authority higher than him shall be the disciplinary authority b) No orders awarding major penalty can be imposed without holding a Departmental Enquiry. During the period of enquiry and finalization of the case, the employee may be placed under suspension. c) In every enquiry, substance of imputations of mis-conduct or misbehavior in support of each article of charge along with relevant facts and list of documents, if any, shall be furnished to the charged employee, who shall be given an opportunity to submit his/her reply to show cause in writing within the period specified in the notice. If no written defense is submitted, the disciplinary authority may itself enquire into the articles of charge and impose penalty. If written defense is submitted, the charges will be investigated in which the charged employee shall have the right to produce his defense. Charged officer/employee may be allowed to take help of any other employee of the Association or Public Sector to be his/her Defense Assistant in the Enquiry. He/she will be eligible for the TA/DA as per eligibility of the Charged Officer/Employee. If the enquiry is conducted by an Enquiry Officer other than the Appointing Authority, penalty can only be imposed by the Appointing Authority on the basis of findings of the enquiry. Inquiry Officer: should be of a rank higher than that of the delinquent official. The Inquiry Officer and The presenting officer shall be appointed by the Appointing Authority. Both the above mentioned officers should not have any link with the case officer. The Officer conducted preliminary enquiry should not be appointed as Inquiry Officer under these rules.
Procedure: 1. The delinquent / Charged Officer should be given statement of imputation and article of charges and reply shall be awaited for [14]
atleast 30 days from the date of receipt of the memorandum by the delinquent officer. 2. If the reply of the charged officer is not satisfactory, the Enquiry may be conducted by the Inquiry Officer and Presenting Officer as mentioned above in the rules. 3. Delinquent/ Charged officer should be informed sufficiently in advance but not less than 15 days about the conduct of an enquiry. 4. The delinquent / Charged Officer may be provided atleast 7 days free time (treated as duty) for the preparation to face the enquiry. He/she may also be provided opportunity to take the help of Defense Assistant. The journey period if any may also be treated as on duty. 5. All the proceedings/recordings of the enquiry should be recorded in papers duly signed by the Inquiry Officer, Presenting Officer, delinquent / Charged Officer, Defense Assistant (If available). All the witnesses’ statement should be recorded and signed by all the officers present including the witness. 6. The Presenting Officer must submit his/her report to the Inquiry Officer within 15 days and the same shall be provided to the C.O. to submit his report with all supporting documents to the I.O. within one months. 7. After the receipt of both the reports, I.O. will submit his report based on C.O.,P.O. and Enquiry. Within 15 days but not later than one month after the receipt of the CO/PO reports. He should not suggest any penalty or acquittal / waiver unless anode for in writing by the disciplinary authority. 8. After the receipt of the I.O. report, the Disciplinary Authority will send the Show Cause Notice (If found charges proved) along with the charges proved by asking charged officer to submit his defense within a week. 9. After the receipt of the Show Cause Notice, the delinquent / charged officer shall reply to the show cause notice, The Disciplinary Authority may take appropriate decision as deemed fit 10. If the charges are not proved, the same may be withdrawn immediately. 11. If the Disciplinary Authority is not satisfied with the Enquiry report, he may asked the I.O. to submit his report again on the basis of comments given by the Disciplinary Authority or otherwise, enquiry me be set up again. 12. Enquiry should as far as possible be completed within 6 Months. 13. Charges should not be framed against the personal feelings/opinion or without authentic documents or unanimously complaints without conducting a preliminary or fact finding enquiry to determine whether any prima-facie evidence exists to go for drawing up charges, in such a case , complaint of the whistle (petitioner against corruption who conceal their identity) blower should be examined with utmost care. 14. The delinquent /Charged Officer can be put under suspension during the process of enquiry of immediately after the receipt of complaints for which enquiry has to be conducted and after issue of Charge sheet. Suspension of the charged officer may be as leave – cum training – reserve officer (LTR) in case of non- availability of post to that [15]
headquarters for conducting fair enquiry during suspension, the delinquent employee is entitled to substituent allowance up to 50% of his salary for one year and 75% after one year, if the finalization of enquiry is delayed for no fault on his/her part.
Appeal: 1. An appeal against the order of the competent authority
imposing minor or major penalty appeal shall be preferred before the Chief National Commissioner against the order of the Director and against the order of the Chief National Commissioner, to the President of the Association. 2. No Appeal lies against the order of the Appellant Authority i.e. Chief National Commissioner or the President as the case may be. 3. All the matter of disputes will be settled in the Jurisdiction appropriate courts of Delhi only.
Limitation of Appeal. An appeal can be filed within 30 days of the date of order imposing penalty.
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SECTION III LEAVE RULES 1. General: a) The rules are framed for regulating the grant of leave to all the employees of the Association. b) Leave shall be granted to all employees by the immediate superior / Reporting authority c) Leave cannot be claimed as a matter of right and the sanctioning authority may at his discretion refuse or postpone grant of leave or curtail the period of leave without assigning any reason. d) For calculation of leave, the year shall correspondence to the calendar year e) During the period of probation, no member of the staff will be eligible for the grant of any leave with pay other than casual leave. f) An employee shall not be entitled to any leave during the period of suspension. g) An application for Earned Leave must be submitted before 30 days and without approval, cannot be availed.
2. Casual leave a) Casual leave may be granted at the discretion of the Authorities concerned up to 10 days during the year. Casual leave cannot be granted for more than 5 days at a time. If the casual leave period is overstayed, the whole period of absence shall be treated as Earned Leave. Casual Leave not availed of automatically lapses at the end of the year. b) The casual leave can be prefixed or sufficed with the Gazetted Holidays or other holidays but the total period of absence should not exceed more than 10 days.
ILLUSTRATIONS Mr. “x” is granted casual leave from 1st September to 5th September, 31st August being Sunday and 4th September being a declared gazetted holiday 4 days i.e. 1st , 2nd, 3rd and 5th will be counted for purpose of casual leave. [17]
2(c) Half day casual leave will be admissible to the staff either for the first half of the day or for the second part of the day, as the case may be.
3. Earned Leave. Earned leave is admissible to all the employees of the Association and will be 15 days of the period spent on duty for each half year and 2 1/2 days for each completed month. Provided that an employee will cease to earn such leave when earned leave exceed to 300 days. Minimum three days and maximum four times E.L. can be availed by an employee.
4. Medical Leave./ Hospital Leave Medical Leave for 15 days on full pay is admissible for every completed year of service in the Association, subject to the maximum of 6 months during the whole period of service. This leave is to be calculated from the date of confirmation of the employee. If the leave required for a period of exceeding four months, special sanction of the Committee is necessary. Every application for medical leave should ordinarily reach the office within 3 days or 72 hours from the date of availment. Medical leave is also admissible to the employees engaged on adhoc basis.
In case of leave for more than one month, the certificate from the govt doctor from the govt. hospital to be produce and in case of major injury/C.I./major surgery, the same hospital can issue Medical certificate for upto three months. After three months, govt. hospital certificate is required. The Competent authority may issue directives to appear before the medical board as may be appointed by the Director in case of medical leave which to be abide by the employee. 5. Maternity Leave Lady members of the staff will get Maternity leave on full pay for a period which may not extend more than 6 months provided: [18]
i) That the date of confinement falls within the period of leave. ii) Leave should not exceed more than 26 weeks (for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed from the date of confinement, and iii) An incumbent shall not be entitled for this within an interval of 3 years. iv) This is applicable in case of adoption of child below one year within 6 months from the date of adoption.
6. Leave on loss of pay Extra ordinary leave ( Leave without pay) can be given on medical ground and personal ground even other leave is available. a) When no other leave is admissible the employee may be granted extraordinary leave by the Commissioner. b) Employees have to obtain prior sanction for any kind of leave except in case of any emergency. c) An employee may be asked to join the post and the unexpired portion of his/her leave cancelled if for any reason it is found necessary to do so. d) In the ease of ‘Leave on loss of pay”, the payment of salary shall be due only from the day of resumption of duty.
7. HALF PAY LEAVE: 20 Days Half Pay leave can be granted to a Permanent employee in every year of completed service. Half Pay Leave will be credited to the employees account every year @ 5 days for 3 months. On every 1 st April and 1st October of each year, Half Pay Leave will be credited in advance. Half Pay leave can be availed at a time but not more than 3 months at a time. Half Pay Leave may be on Medical Certificate or without Medical Certificate. Half pay will be admissible during the Half Pay leave availment.
8.PATERNITY LEAVE:(As per decision of the National Executive Committee, Paternity leave will be consider lateron) Eligibility: Male permanent employee with less than two surviving children is eligible for this leave 15 days. Leave either before or after or at the wife’s [19]
confinement time but within 6 months of confinement can be availed with full salary. The leave will be admissible for first two confinements only. This is applicable for adoption of a child below one year within 6 months of the date of adoption.
9. CHILD CARE LEAVE;(As per decision of the National Executive Committee, Child Care leave will be consider later on) Women permanent employees having minor children (less than 18 years of age in case of disability 22years) can avail Child Care Leave for the purpose of preparation of School Exams up to 180 days (90 days for one child). CCL should not be sanction for less than 15 days and more than 3 spells in a year. Holidays in-between will also be counted in CCL. Leave can be availed with prior sanction of the competent authority.
10. COMBINATION OF LEAVE. i) No leave can be combined, except leave on loss of pay (E.O.L), when no other leave is admissible to the employee. ii) While getting tour programme approved, only casual leave can be applied for. Daily Allowance will be paid as admissible from place of duty to the place of Headquarter of the employee and not for the broken period of journey while on casual leave. In case of Earned Leave, one site Travelling Expenses will be payable and in case of both side Earned Leave availed with the Tour Programme, No Travelling Expenses will be paid.
11 Encashment of Leave. i) Any Earned Leave up to 300 days lying at the credit of the employee can be enchased by him/her at the time of leaving the Association (except in case of penalty of removal and dismissal). ii) Employees on re-employment or holding Adhoc appointment are not entitled for encashment of leave not utilised by them during the period of their service But the Earned Leave credited during the Adhoc Period will be added to his/her account if regularized in the same post after a continuous service without any break. 12. Late Attendance:A Half day C.L. should be debited to the Casual Leave account for each late attendance. However, late attendance up to an hour for not more than two occasions in a month can be condoned by the Director if satisfied with the reason of late attendance. In case even debiting Half Day C.L. does not ensure punctual attendance of anemployee, disciplinary action can be taken in addition to deduction of Half Day C.L. [20]
13. As leave is not a right, leave extended for any reason may be or may not be accepted by the competent authority. If such type of extension of leave is found to be in habit, disciplinary action can be taken for the lapses.
14.Leave Travel Concession: (i)
All employees of the Association along with the family/wife and dependent children, dependent parent are eligible for L.T.C. by Train or bus as per their eligibility class to go to their home town once in three years. They will be reimbursed train fare/actual bus fare in their entitled class and on production of ticket. LTC can be availed on prior approval of authority by taking allowable types of leave. (ii) Home town LTC – one in every year for self if the family of any employee is living at home town. (iii) Employee who are residents of the places where they serve are eligible for availing of this LTC not exceeding three thousand kilometres (both ways) once in three years. (iv) All India LTC (with family) once in every four years but both the LTCs cannot be availed in the same calendar/ block year. All India LTC can be availed only in Sleeper Class Trains. OR
His family is eligible to visit his office town once in a year.
15. Special Power: Cases not covered by these rules will be referred to the Commissioner whose decision shall be final. Additions and alternations to these rules will be made by the Committee as and when the need arise.
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SECTION IV GRATUITY RULES 1. Title: These rules shall be called ‘ THE BHARAT SCOUTS AND GUIDES GRATUITY RULES”
2. Times of Commencement: These rules shall be effective from 1.4.2016. If any employee has resigned or retired or terminated or removed/dismiss from the service before 01.04.2016, he or she will not be eligible for revised Gratuity Rules.
3. Eligibility: Gratuity shall be granted for good, efficient and faithful service to the whole time employees of the Bharat Scouts and Guides and shall exclude the following: a) Re-employed persons; and b) Employees engaged on Adhoc Basis. c) Removed/Dismissed employees
4. Condition for the Grant of Gratuity: Subject to the provision in para 3 above, gratuity shall be granted to the whole time employees of the Bharat Scouts and Guides at the time of retirement or resignation, or in his/her death or disablement due to accident or disease. and not able to continue his/her employment. He/She should have rendered continuous service for not less than 5 years on his/her superannuation; or on his/her retirement Provided that: i) The completion of continuous service of five year shall not be necessary where the termination of employment is due to death or incapacity to work due to disablement. ii) In case of death of employee, gratuity shall be payable to his/her nominee or if no nomination has been made to his/her legal heirs on production of certificate of appropriate authority. [22]
5. Amount of Gratuity: i) Gratuity payable to the whole time Bharat Scouts and Guides employees will be equal to 15 days emolument (Basic and D.A.) for each completed year of service or part thereof in excess of 6 months, based on the rate of emolument last drawn by the employee subject to the maximum of 16-1/2 months emoluments or Rs. 5,00,000/-(Rupees five lakhs) whichever is less. ii) In case of death or disablement, the amount of gratuity will be calculated as in 5(i) or as under, whichever is more: a) During the first year of service- Two months emoluments b) More than one year but less than 5 years of service:- Six Months emoluments c) More than 5 years of continuous service- twelve months emoluments Reduced in each case by the amount of Loan or any dues against the deceased employee.
6. Nomination for payment of Gratuity: Every BS&G employee after he/she has joined regular service shall make a nomination in the prescribed form, as soon as possible, conferring on one or more persons to his/her family the right to receive the gratuity in the event of his/her death while in service or after leaving the BS&G but before payment of gratuity is made. If at the time of making nomination, the employee has no family, the nomination may be made in favour of any person, or persons, corporate or incorporate but if the employee subsequently acquires a family such nomination shall forwith become invalid and the employee shall made a fresh nomination in favour of one or more members of his/her family or otherwise his/her spouse and naturally born and legally adopted children will be eligible for get all the dues.
7. Application for Gratuity: An employee who is eligible for payment of gratuity of any person authorized in writing to act on behalf, shall apply to the head of the office in the prescribed form for the gratuity payable.
9. Gratuity Fund Trust: The Bharat Scouts and Guides shall create ‘Gratuity Fund Trust’ to be administered and regulated by a “Board of Trustees”.
10. Interpretation: [23]
In the case of any dispute regarding interpretation of these rules or any other matter relating to Gratuity, the decision of the Commissioner shall be final and binding.
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SECTION V PROVIDENT FUND RULES In the meeting of the National Executive Committee held on 23.08.2016 and as per Govt. notification dated 07.09.2015 EPF scheme has been introduced compulsory for all employees.
1. Scope and administration: 1) A Provident Fund Scheme shall be compulsory for all permanent employees of the Association.
2. The control of the Provident Fund shall vest in the Employees Provident Fund Commissioner. 3. The Provident Fund will be governed by the EPFO as amended from time to time.
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SECTION VI Transfer , Travelling Expenses and Journey D.A. 1. All the employees are liable for transfer any where in India within the Bharat Scouts and Guides office or campus or in the State or District Association as may be deem fit by the Commissioner. 2. Transfer Policy: I. Employees in group –D category will ordinarily be required to serve at one specified station. But On request, transfer can be considered. II. If any staff services are not found satisfactory, under minor penalty, he or she may be transferred to any other headquarters for which rule 2-a will not apply. III. It is good to have experience of as many as post to give better service to the Movement. Hence an employee may be given an opportunity to serve in different posts. IV. At the time of promotion, preference may be given to transfer the employee to different headquarter at different place. V. Normally, an employee may not be allowed to continue at one place for more than 5 years. If Commissioner feels that the particular employee service is very much required for that particular post & Place or otherwise due to specialization in that particular post work, he or she may be allowed at one place. For a period not exceeding 10 years. Otherwise, after 3 years, an employee may be transfer to any other post or place
3. Transfer Allowance: 1. All the employees are eligible to get transfer allowance except request transfer. 2. Transfer Allowance inclusive of every exp. Incurred will be payable as lumsum amount as per table hereunder:
GRADE PAY 1300/TO 2400/2800/to 3500/3800/-
LOCAL TRANSFER I: Rs.500/F:Rs.2000/-
WITHIN 500 KM I: Rs.2000/F:Rs.9000/-
WITHIN 1000 KM I: Rs.3000/F:Rs.10000/-
More than 1000 km I: Rs.5000/F:Rs.12000/-
I: Rs.900/I: Rs.2500/- I: Rs.3500/- I: Rs.6500/F:Rs.3000/- F:Rs.10000/- F:Rs.12000/- F:Rs.15000/I: Rs.1500/-
I: Rs.4500/[26]
I: Rs.5500/-
I: Rs.7500/-
to 7200/-
F:Rs.4000/- F:Rs.12000/- F:Rs.20000/- F:Rs.25000/-
This allowances includes Packing & Forwarding Charges, Local Transportation, Train/Bus Fare & D.A.. There is no need of any supporting vouchers for it. If the expenditure is more than this, original bill may be submitted to the Director for consideration. Or 3. If the House belongings are to be transferred through Road Transport, three quotations shall be called and approval may be taken in advance from the Director for the same. But the amount payable should not be payable for excess limit as shown in the table above. But Train/Bus Fare will be payable on production of tickets in original. 4. an employees will get joining time excluding Journey as follows: If place of posting is within 100 km. :-1 day 1000km: - 3 days More than 1000 km:- 5 days
4. Traveling Expenses and Journey D.A. 1. Director, Jt. Directors, Administrative Officer and Dy. Directors are eligible to travel by 2 AC. . From Residence/Duty Place to Railway/Bus Station and back Taxi is permissible or Rs.20/- per k.m. but not exceeding 20 km. distance on one side. Rajdhani/Shatabdi or similar mode of transport is also permissible without claiming D.A. 2. ROCs and Asstt. Directors, Accounts Officer, SSO, PRO, and officers under Grade Pay of Rs.3500/- are eligible for 3 AC. Rajdhani/Shatabdi or similar mode of transport is also permissible without claiming D.A. From Residence/Duty Place to Railway/Bus Station and back Auto is permissible or Rs.15/per km. not exceeding 20 km. one side 3. Others all employees by Sleeper Class. From Residence/Duty Place to Railway/Bus Station and back: Bus fare actual. In case of journey for camping purpose spending more than a week outside the headquarter, auto fare is permissible as in case of GP 3500/-
5. Journey D.A. Journey D.A. is admissible to the staff those are traveling on duty or on transfer. Journey D.A. will be given as follows: 1. Journey more than 8 hours and up to 24 hours: Full Day 2. More than 4 hours but less than 8 Hours: ½ Day a. Asstt. Director to Director: Rs.300/[27]
b. Grade Pay of Rs.1900/- to Rs3800/-. c. Grade Pay of Rs.1300/- to Rs.1400/- :
Rs.225/Rs.150/-
6. Camping D.A.: 1/4th of the Journey D.A. if free hospitality is provided. If camping is for more than 20 days, the rates will be as follows:
No. of Days Upto 30 days Above 30 days
If Hospitality is not provided Full D.A 50% D.A.
If Hospitality is provided 25% 25%
Professional staff visiting State Association on official duty may stay in Hotel subject to maximum per day room charge of 10% of their Basic Pay OR Rs. 3000/- per day whichever is lowest if the accommodation is not made available from the State Association. Railway Station Dormitory charges for employees up to GP Rs. 3500/- and Retiring Room charges for more than GP Rs. 3500/- is also permissible if halt at station is very much essential for more than 4 hours.
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SECTION VII OTHER STAFF WELFARE SCHEME 1. Transfer to North East Region If any employees whose initial posting is outside N.E. Region is transferred to N.E. Region, he or she will be eligible for the following additional benefits: b) If family is not accompany the employee, he/she will be entitled for L.T.C every year to visit his/her Family c) His/her family limited to spouse and two children who are below than 18 years of age for son and 24 years for daughters or till they are studying(if spouse is not employed) will also be entitled to visit N.E. Regional Headquarters once a year(Block Year) d) He/she will also be eligible for one additional Emergency LTC Package in whole service to visit home town. e) He/she will be entitled for transfer back to other parts after 5 years of continuous service in the N.E. Region. Preference may be given to his/her choice subject to availability of vacancy. f)
He/she will also be eligible for 12 ½% of Basic Pay(exclusive of Grade Pay) as a Special Duty Allowance.
2. For Leader/Instructors/Jr. Instructors or staff engaged in Adventure Programme: a) Rs.200/- P.M. will be given to the staff of National Adventure Institute as special Allowance for engaging themselves in Adventure activities. b) Medical Expenses of injuries due to any accident incurred during the activities will be reimbursed subject to actual expenses on production of original bills certified by the authorized / registered medical practitioner/ hospital /clinic..
3. Medical Expenses: a). In case of accident on duty including traveling by train/bus/jeep, the medical expenses incurred for hospitalization/surgery/Medication/ Ambulance etc. will be reimbursed on production of original bills. b) In case of Critical Illness i.e. Cancer, By-Pass Surgery, Lung disability, Liver/Kidney Transplant, lump sum amount of Rs.One Lakh will be paid to the employee under special compensation. b).Rs.500/- p.m. or as decided by the committee may be given with the salary as Medical Allowance or otherwise Group Insurance and Group (Family) Medi Claim Policy will be provided as considered by the Commissioner.
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4. Cash Handling Allowance: Cash Handling Allowance will be payable per month to the Cashier (Accountant/Office Secretary dealing with Bank Transactions) at NHQ Rs. 500/- at N.T.C./N.A.I/NYC Rs. 300/- and at R.H.Q. Rs. 150/-
5. Additional Duty Allowance: If any employees is given additional responsibility of any post higher to his/her own cadre, will be eligible for Additional Duty Allowance of Rs.500/- p.m. till the period he/she hold the charge of additional duty. 6. Cooks & Watchman will also be eligible for specialAllowance of Rs.100/per monthfor performing their duties on holiday and odd hours. 7. If the employees seek early voluntary retirement due to Critical Illness or disability or die before the date of retirement but at-least 5 years before, one of his/her dependent i.e. Spouse or Son or Daughter may be given employment as per eligibility or post available. If no post is available, class D. or C post can be created as a special case at the nearby headquarter and posting may be given on rehabilitation ground. 8. In case of emergency, if requested /applied by an employee, Advance salary can be release by the Commissioner if the demand is found in order. 9. If any staff other than Watchman/Cook are attending office duty(except camping) they will be eligible for Traveling and Duty Allowance of Rs.100/- per day. These rates shall be revised from time to time by the Commissioner.
6. Miscellaneous 1. A Group insurance scheme may be introduced for the employees. 2. ESIC or any health scheme (EHS) may also be introduced. 3. An ex-gratia payment to re-employed pensioners may also be considered for their dedicated service if noticed.
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SECTION VIII STAFF QUARTER ACCOMMODATION RULES 1. Staff quarters if available may be provided to the staff members as per seniority and prescribed post. 2. Eligible Staff members shall be provided furnished Staff quarters as per the entitlement. 3. As per category, HRA and license fee may be deducted from the salary of concerned staff members as mentioned herein: Grade Pay
Quarter Status
Rs.4000/and above
2 BHK, Full Dinning, one Drawing Room
Rs.2800/to 3500/-
2 BHK + Full one Dinning cum Drawing Room -doFull
Rs.1900/to 2400/-
Below 1900/-
1 BHK
HRA Deductible
Full
Water Charges
Elect. Charges
Rs.5/- per person but minimum Rs.20/pm Rs.5/- per person but minimum Rs.20/pm Rs.5/- per person but minimum Rs.20/pm Rs.5/- per person but minimum Rs.20/pm
Actual Unit used
Furniture License charges if fee provided 50/150/-
Actual 40/Unit used
100/-
Actual 20/Unit used
80/-
Actual 10/Unit used
50/-
4. At least once in 3 years, white wash and once in 5 years paint work should be done by the office in all the staff quarters. 5. No alternation/addition can be done by the staff members without the approval of the competent authority.
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A. Merit of Allotment: I.
NATIONAL HEADQUARTERS
1. Four Staff Quarters are meant for Director and three Jt. Directors. In case of any quarter is vacant, it can be allotted to Dy. Director or Asst. Director or ROCs as per seniority 2. One Room for Care Taker, One for Driver, One for Watchman and One for Cook. These quarters are temporary arrangements only.
II. NATIONAL TRAINING CENTRE 3. AT N.T.C. Two bedded room -One for DDSLT, One for DDGLT, and one for Estate Manager. Near Pump house-quarter meant for Adventure Programme Officer and Care Taker. Near Main Gate, One Quarter for Driver and one quarter for Class D. On Mahadev Road Gate, one quarter for Class D Staff. Behind B.P. Bhawan, one quarter meant for Q.M. Some temporary accommodation at the basement of Office, KVS Kitchen, Coming of Age Hut may also be used for the accommodation with the permission of the Director. 4. If any new quarters are constructed, the quarter allotment shall be decided by the ChiefNational Commissioner/Director time to time. 5. The existing rules may be amended time to time by the Chief National Commissioner.
III. Vacation of Quarter 1) Staff quarter should be vacated within 1 month after the transfer or retirement. Failing which, Commercial rent as fixed by the Chief National Commissioner will be charged from the employee up to 6 months and thereafter may evict the occupant with prior notice of one month and again before 7 days from the date of eviction. The amount chargeable will be deducted from the dues of employees. In case of Hardship, the Commissioner may extend the period of one month to a maximum period of 3 months. 2) On Resignation/removal/dismissal/termination, rent free concession for the quarters ceases from the date of resignation/removal/dismissal/termination. 3) The Gratuity or other retirement dues would be paid only after the quarter is vacated. 4) Further, if there is any damage to the quarter, or any dues, the same may be calculated by the Director and recovered from salary/retirement dues and the decision of the Director on the quantum of damages would be final.
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5) If the quarter is not as per entitlement, the HRA will be decided by the Director with the approval of the Chief National Commissioner in each case.
IV. PENALTIES FOR BREACH OF ALLOTMENTS 1. Allotment will be cancelled in addition to the disciplinary action that may be taken against the allottee if he/she: a) b) c) d) e)
unauthorized sublets the quarters erects any unauthorized structure in any part of the residence tampers with the electric or water connections puts the residence into improper use conducts himself in a manner which is prejudicially to the maintenance of harmonious relations with his neighbors f) has knowingly furnished incorrect information for securing allotment of the residence. 2. Charges for the damages will be calculated by the Competent authority which shall be payable by the employee.
VI. Declaration to be made by the employee: Every employee to whom these rules apply, shall make the following declaration at the time of reporting for duty duly witnessed:
“I thereby, declare that I have read and understood Bharat Scouts and Guides Recruitment Condition of Service Rules and I hereby subscribe and agree to be bounded by the said rules as amended from time to time”. Witness by: Date:
Signature Name of the employee
Interpretation: If any question arises relating to the interpretations of these rules, it shall be referred to the Commissioner whose decision shall be final. The power to add, delete, alter and amend these rules shall vest in the Committee [33]
Annexure 3
QUARTER OCCUPATION CERTIFICATE I _____________________________, ________________(designation) have occupied the staff quarter allotted to me on ____________ and I hereby declare that I will abide by the Staff Quarter Allotment Rules of the Bharat Scouts and Guides and vacate the quarter when ever required by the Bharat Scouts and Guides.
Signature of the Employee: ________________________________ Name of the Employee: ________________________________ Post: ________________________________ COPY FOR INFORMATION AND RECORD: 1. Personal file of the employee 2. Accounts Department File 3. Quarter allotment file
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